Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: upon arrest or surrender before the Court below within six weeks, petitioners to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount, to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Sherghati, Gaya/concerned Court, in connection with Barachatti P.S. Case No.561 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Barachatti P.S. Case No.561 of 2024 (Sections 317(4) and 111 of the B.N.S., 2023) on material resting on the disclosure statement of co-accused Dilchand @ Rajesh Kumar, should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances, submissions of learned counsel, the nature of allegations, and the young age and clean antecedent of the petitioners, the Court permitted conditional pre-arrest release: in the event of arrest or surrender before the Court below within six weeks, the petitioners shall be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Sherghati, Gaya/concerned Court, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Criminal Miscellaneous No.2692 of 2026, Sunil Dutta Mishra, J, order dated 05-05-2026). Two petitioners, stated to be young boys aged 19 and 20 with clean antecedents, apprehended arrest in Barachatti P.S. Case No.561 of 2024 (District Gaya) under Sections 317(4) and 111 of the B.N.S., 2023 over alleged sale/business of stolen motorcycles; their implication rests solely on the disclosure statement of co-accused Dilchand @ Rajesh Kumar, at whose repair shop stolen motorcycles were allegedly recovered. Counsel urged the petitioners were bona fide purchasers unaware the vehicles were stolen. The Court, considering the nature of allegations, young age and clean antecedents, directed that upon arrest or surrender within six weeks the petitioners be released on bail on bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Sherghati, Gaya/concerned Court, subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2692 of 2026

Arising Out of PS. Case No.-561 Year-2024 Thana- BARACHATTI District- Gaya

======================================================

Rohit Kumar S/o Munni Yadav R/o Village- Kahudag, P.S.- Barachatti, Distt.- Gaya.

Ravi Kumar S/o Arjun Paswan @ Arjun Manjhi R/o Village- Sebai, P.S.Barachatti, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

4 05-05-2026

Heard learned counsel for the petitioners and

learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barachatti P.S. Case No.561 of 2024 instituted under Sections 317(4), 111 of the B.N.S., 2023.

As per the prosecution case, on getting secret information regarding sale and business of theft motorcycle, the police team reached at the repairing shop of co-accused Dilchand @ Rajesh Kumar where he found two motorcycles and on interrogation could not produce the papers of motorcycle. It is alleged that co-accused Dilchand @ Rajesh Kumar had disclosed that petitioners and other co-accused persons bring the

Patna High Court CR. MISC. No.2692 of 2026(4) dt.05-05-2026 2/3

theft motorcycle to his shop to which he sold the same on getting commission. It is alleged that several motorcycles were recovered on the disclosure made by the co-accused Dilchand @ Rajesh Kumar.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the name of petitioners have been implicated in this case only on the basis of disclosure statement made by the co-accused Dilchand @ Rajesh Kumar. Learned counsel submits that the petitioners are bona fide purchasers of the vehicle after paying consideration amount to the co-accused Dilchand @ Rajesh Kumar knowing to be genuine motorcycle on the assurance that owner book of the vehicle will be provided later. He further submits that petitioners have no knowledge that the motorcycles are stolen motorcycles. Learned counsel submits that except the disclosure statement of the co-accused, there is no material against the petitioners. He further submits that petitioners are young boys of 19 & 20 years respectively, having got clean antecedent and they undertake to cooperate in the investigation and trial of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.2692 of 2026(4) dt.05-05-2026 3/3

Considering the facts and circumstances of the case, submissions of learned counsel for the parties, the nature of allegation leveled against the petitioners and the young age of petitioners as well as their clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Sherghati, Gaya/ concerned Court in connection with Barachatti P.S. Case No.561 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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